The Australian Human Rights Commission (AHRC) has developed guidelines to assist in deciding when and how confidentiality clauses may be used in settlement agreements for workplace sexual harassment claims.
The guidelines emphasise that confidentiality clauses should:
- Be clear, fair, and written in plain English, with translation or interpretation provided where needed
- Be considered on a case-by-case basis, with limits on scope and duration
- Ensure the person making the allegation has access to independent advice and support
- Be negotiated in a way that is trauma-informed, culturally sensitive, and intersectional
